Legal Question in Criminal Law in New York

Un-posted Speed Limit

Can I be charged with exceeding the speed limit on a road with no posted speed limit?


Asked on 2/17/98, 8:46 pm

2 Answers from Attorneys

Robert E. Drescher Law Offices of Robert E. Drescher

No Posted Speed Limit

There is ALWAYS a speed limit. You need to refer to your drives handbook avaiable at the DMV for yourstate. For example you can never drive faster than 55 mph (or 65 mph)depending on your state's limit.

Also the is always the "basic speed law" That is "uyou shouldnever drive faster than prudent for the specificroad conditions, time of day and type of street."

It is very difficult to fight this type of ticket, sinceit is in the eyes of the officer.

GOOD LUCK!!============================================================If applicable to this message: "This transmission does not create an attorney-client relationship. I will not be representing anyone without a written agreement signed by all parties. Answers to questions are for general information only and should not be construed as legal advice in any particular jurisdiction. If you need legal advice for a specific legal problem seek the services of a knowledgable attorney in your area or locale."=============================================================

Read more
Answered on 2/23/98, 7:48 pm
Patrick A. T. West Ohio Ticket Defense Patrick A. T. West, Attorney at Law

No posted speed limit

Although I am not licensed to practice in NYor NJ and do not practice there, I do a lotof traffic defense work and it has been myexperience that most states have laws whichlimit speeds on certain roads under certainconditions, e.g., school zones. Even Montana,which has no posted speed limits on highwaysoutside municipalities, prohibits travelingat a speed unreasonable for conditions.

You need to check the traffic codes for NY andNJ (which you can do at the Lawguru website)to see what limits are imposed for what roadsand if there is an upper limit on certainroads.

=============================================

If applicable to this message: "This transmis-

sion does not create an attorney-client rela-

tionship. I will not be representing anyone

without a written agreement signed by all par-

ties and then, only in Ohio. Answers to ques-

tions are for general information only and

are not to be construed as legal advice in any

particular jurisdiction. If you need legal advice

for a specific legal problem, seek the services

of a knowledgable attorney in your area or locale."

===============================================

Where people fear the government,

you have tyranny.

Where the government fears the people,

you have liberty.

Thomas Jefferson

===============================================

Read more
Answered on 2/24/98, 10:55 am


Related Questions & Answers

More Criminal Law questions and answers in New York